THE STATE OF TEXAS CITY OF BROWNSVILLE COUNTY OF CAMERON MINUTES of a Regular Meeting of the City Commission of the City of Brownsville, Texas, held in the Commission Chambers, on the Second Floor of the Brownsville City Hall Old Federal Building, located at 1001 East Elizabeth Street, Brownsville, Cameron County, Texas, on Tuesday, April 19, 2016, at 5:30 P.M., and at 6:00 P.M. with the following members present: ANTONIO MARTINEZ ) MAYOR COMMISSIONERS RICARDO LONGORIA, JR. ) District 1 JESSICA TETREAU ) District 2 DEBORAH PORTILLO ) District 3 JOHN VILLARREAL ) District 4 CESAR DE LEON ) At-Large A ROSE M.Z. GOWEN, M.D. ) At-Large B CHARLIE CABLER PETE GONZALEZ RUTH OSUNA MARK E. SOSSI MICHAEL L. LOPEZ ABSENT: CITY MANAGER DEPUTY CITY MANAGER ASSISTANT CITY MANAGER CITY ATTORNEY CITY SECRETARY STEPHANIE REYES ASSISTANT CITY MANAGER A quorum being present, Mayor Antonio Martinez, asked Mr. Michael L. Lopez, City Secretary, to read the call to consider the following matters as posted and filed for the record in The Office of the City Secretary on April 15, 2016. EXECUTIVE SESSION: 5:30 P.M. * * * * * * * * * * * * * * * Upon motion by Commissioner Rose Gowen, seconded by Commissioner Ricardo Longoria, Jr., and carried unanimously, the Executive Session convened at 5:30 p.m. to discuss the following items: A) Presentations and discussion regarding a proposed specific generation unit and related costs, financing and commercial operation projections, a competitive matter under Section 551.086, of the Texas Government Code. Upon conclusion of Executive Session Mayor Antonio Martinez, convened the Regular Meeting at 6:10 p.m. No action was taken in Executive Session. * * * * * * * * * * * * * * * Minutes April 19, 2016 Page 1 of 11
REGULAR MEETING: 6:00 P.M. PLEDGE OF ALLEGIANCE: UNITED STATES PLEDGE * TEXAS PLEDGE The Pledge of Allegiance and the Texas Pledge was led by Mayor Antonio Martinez. INVOCATION: The invocation was delivered by Pastor Jacob Carrillo, from Iglesia Bautista Apocalipsis, from Brownsville, Texas. * * * * * * * * * * * * * * * * 1. MAYOR S ACTIVITY UPDATE: Mayor Antonio Martinez did not deliver a report. 2. COMMISSIONERS ACTIVITY UPDATE: Commissioner Rose Gowen thanked City staff for their participation in Cyclobia, and announced that the American Association of Retired Persons (AARP) were hosting a Brownsville Livable Communities Survey event which would be held on Wednesday, April 27, 2016, between 10:00 a.m. to 11:30 a.m. at the Courtyard Marriott. Commissioner Ricardo Longoria, Jr., thanked Public Works, Engineering, and the Brownsville Public Utilities for the completion of 30 th Street, Stanolind Ave, and Owens Road. and thanked the audience for their patience. Commissioner Longoria, Jr., also congratulated the Gladys Porter High School Soccer Team for their UIL 5A 2016 State Championship win. Commissioner Cesar de Leon thanked City staff for their attendance at the STARGATE Talk, he also congratulated, and presented a proclamation to the Gladys Porter High School Soccer Team for their UIL 5A 2016 State Championship win. Commissioner Jessica Tetreau asked the public for their support and vote for Egly student Joel Trevino, in La Voz Kids, at Telemundo.com. Commissioner John Villarreal welcomed back Mr. Pete Gonzalez, Deputy City Manager. Commissioner Deborah Portillo thanked City staff for the completion of the project at the entrance of Brownville Country Club, and noted that City staff was also working on installing a traffic light at Morrison Road and San Marcelo Street. 3. PROCLAMATIONS: Financial Capabilities Month (Commissioners R. Gowen/J. Villarreal) The proclamation was read and presented by Commissioner Rose Gowen. Fair Housing Month (Commissioners C. de Leon/J. Villarreal) Minutes April 19, 2016 Page 2 of 11
The proclamation was read and presented by Commissioner John Villarreal. 4. PRESENTATIONS: Arboviral Mosquitos Update (Arturo Rodriguez Health) Mr. Arturo Rodriguez, Public Health Director, gave a PowerPoint presentation regarding the Arbo-Viral (Zika) Brownsville Convention & Visitors Bureau (Charlie Cabler City Manager) Mr. Mariano Bean Ayala, Brownsville Convention & Visitors Bureau President/CEO, gave a PowerPoint presentation regarding the 2014-2015 Annual Report, and the 2016 1 st Quarterly Report. 5. CONSENT AGENDA ITEMS: All consent Agenda Items listed were considered to be routine by the City Commission and were approved by one motion. Upon motion by Commissioner Jessica Tetreau seconded by Commissioner Rose Gowen and carried unanimously, Consent Agenda Items a through c were approved. ITEMS No. a through c a) Approval of the Minutes of the Regular Meeting of April 05, 2016. b) To acknowledge the following individuals to incur travel expense: Employee Department Destination Date Arturo Herrera BMetro Waco, TX Apr. 21-24, 2016 Diana Saldivar BMetro Waco, TX Apr. 21-24, 2016 Jaime Caraveo BMetro Waco, TX Apr. 21-24, 2016 Monica Tellman BMetro Waco, TX Apr. 26-29, 2016 Crystal Juarez BMetro Waco, TX Apr. 26-29, 2016 Lupe Granado III Finance Toronto, Canada May 19-25, 2016 Jorge Santillan Finance Austin, TX May 12-13, 2016 Oscar Salinas Human Resources Fort Worth, TX May 03-06, 2016 Fernando Arellano Human Resources Fort Worth, TX May 03-06, 2016 Ray Arellano Parks San Antonio, TX Apr. 26-28, 2016 Luis Uresti Parks San Antonio, TX Apr. 26-28, 2016 Ramiro Gonzalez Planning Austin, TX Apr. 28-29, 2016 John B. Puckett Police Austin, TX Apr. 18-19, 2016 Arcadio Olvera Police Amarillo, TX Apr. 24-30, 2016 Juan Hernandez Police Amarillo, TX Apr. 24-30, 2016 Leonel Saldivar Public Works Arlington, TX May 03-05, 2016 c) APPROVAL on SECOND and FINAL READING of Ordinance Number 2016-1367-B, an ordinance adopting the Texas Food Establishment Rules of the Texas Department of State Health Services as made effective October 11, 2015, providing for penalties thereof and related matters. * * * * * * * * * * * * * * * * Minutes April 19, 2016 Page 3 of 11
BOARDS AND COMMISSIONS: 6. Consideration and ACTION to fill two vacancies to the Brownsville Public Library System Advisory Board by appointment or re-appointment. Commissioner Ricardo Longoria, Jr., moved that Ms. Rose M. Lehmann, be re-appointed to the Brownsville Public Library System Advisory Board. The motion was seconded by Commissioner John Villarreal and carried Commissioner Cesar de Leon moved that Mr. Alexandre C. Gagnon, be appointed to the Brownsville Public Library System Advisory Board. The motion was seconded by Commissioner Jessica Tetreau and carried 7. Consideration and ACTION to appoint seven (7) members and two (2) City staff members to the Main Street Advisory Board. Commissioner Cesar de Leon moved that Mr. Marco S. Ochoa, be appointed to the Main Street Advisory Board. The motion was seconded by Commissioner Jessica Tetreau and carried Commissioner Jessica Tetreau moved that Mr. Eder F. Hernandez, be appointed to the Main Street Advisory Board. The motion was seconded by Commissioner Cesar de Leon and carried Commissioner Deborah Portillo moved that Mr. Luis Urquieta, be appointed to the Main Street Advisory Board. The motion was seconded by Commissioner Jessica Tetreau and carried Commissioner John Villarreal moved that Mr. Larry Holtzman, be appointed to the Main Street Advisory Board. The motion was seconded by Commissioner Rose Gowen and carried Commissioner Ricardo Longoria, Jr., moved that Mr. Larry Jokl be appointed to the Main Street Advisory Board. The motion was seconded by Commissioner Rose Gowen and carried Commissioner Rose Gowen moved that Mr. Avi K. Schwarz, be appointed to the Main Street Advisory Board. The motion was seconded by Commissioner Jessica Tetreau and carried Mayor Antonio Martinez moved that Ms. Edmund Cyganiewicz, be appointed to the Main Street Advisory Board. The motion was seconded by Commissioner Jessica Tetreau and carried Minutes April 19, 2016 Page 4 of 11
Commissioner Rose Gowen moved that Ms. Ana Hernandez, Senior Planner, Planning Division and Ms. Sarah Dierlam, Office of Grant Management and Community Development Grant Manager, be appointed to the Main Street Advisory Board. The motion was seconded by Commissioner John Villarreal and carried PUBLIC HEARINGS: * * * * * * * * * * * * * * * * 8. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2016-004- S, to allow a Mobile Vendor Food Court in a General Retail H (4CH) for.275 acres for Lots 1 and 2 Block 84 of Brownsville Original Townsite located at 840 East Adams Street. (District 4) ordinance, noting the proposed changes of the zoning area for the Mobile Vendor Food Court to be located at 840 East Adams Street, and further noting that the Planning and Zoning Commission recommended approval for the proposed ordinance. Upon motion by Commissioner Ricardo Longoria, Jr., seconded by Commissioner John Villarreal and carried unanimously, the public hearing was closed. Commissioner Ricardo Longoria, Jr., moved that Ordinance Number 235-2016-004-S, be adopted at first reading, to allow a Mobile Vendor Food Court in a General Retail H (4CH) for.275 acres for Lots 1 and 2 Block 84 of Brownsville Original Townsite located at 840 East Adams Street. (District 4) The motion was seconded by Commissioner Deborah Portillo and carried 9. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2016-006- S, to allow a Mobile Vendor Food Court in a General Retail X (4CX) for 1.01 acres for Lot 5, Block 1 of Star Acres located at 6305 Paredes Line Road. (District 3) ordinance, noting the proposed changes of the zoning area for the Mobile Vendor Food Court to be located at 6305 Paredes Line Road, and further noting that the Planning and Zoning Commission recommended approval of the proposed ordinance. Upon motion by Commissioner Jessica Tetreau seconded by Commissioner Cesar de Leon and carried unanimously, the public hearing was closed. Commissioner Rose Gowen moved that Ordinance Number 235-2016-006-S, be adopted at first reading, to allow a Mobile Vendor Food Court in a General Retail X (4CX) for 1.01 acres for Lot 5, Block 1 of Star Acres located at 6305 Paredes Line Road. (District 3) The motion was seconded by Commissioner John Villarreal and carried Minutes April 19, 2016 Page 5 of 11
Agenda Items #10, #11, #12, #13 were read consecutively. 10. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2016-008- CO, to rezone from Dwelling G (DG) to General Retail G (4CG) for Lot 23 Block 28 of El Valle Grande subdivision, Section III located at 2600 West Alton Gloor Boulevard. (District 4) 11. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2016-009- CO, to rezone from Dwelling G (DG) to General Retail G (4CG) for Lot 25 of Block 28 of El Valle Grande Subdivision, Section III located near West Alton Gloor Boulevard. (District 4) 12. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2016-011- CO, to rezone from Dwelling G (DG) to General Retail G (4CG) for Lot 29 of Block 28 of El Valle Grande Subdivision, Section III located near West Alton Gloor Boulevard. (District 4) 13. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2016-012- CO, to rezone from Dwelling G (DG) to General Retail G (4CG) for Lot 30 of Block 28 of El Valle Grande Subdivision, Section III located near West Alton Gloor Boulevard. (District 4) ordinances, noting that the current zoning was Dwelling G (DG) and the applicants were requesting to rezone to General Retail G with a conditional overlay (4CG-CO) for properties located on W. Alton Gloor, and further noting that the Planning and Zoning Commission recommended approval of the proposed ordinance. Citizens addressed their concerns regarding the rezoning of the properties. Various citizens spoke in regards to these ordinances during the public hearing portion.. Upon motion by Commissioner Cesar de Leon seconded by Commissioner Roe Gowen and carried unanimously, the public hearing was closed. Upon motion by Commissioner Cesar de Leon seconded by Commissioner Rose Gowen and carried unanimously, agenda items 10, 11, 12, and 13 were tabled. 14. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2016-018, to rezone from Dwelling A (DA) to Light Retail G (2CG) for Blocks 36 and 42 of Share 19 of El Jardin Subdivision located at 1784 Old Port Isabel Road. (District 2) ordinances, noting that the current zoning was Dwelling A (DA), and the applicant was requesting to rezone to Light Retail G, for the proposed use of a Tax Office on a property on Old Port Isabel Road, and further noted that Planning and Zoning recommended approval of the proposed ordinance. Various citizens spoke in regards to these ordinances during the public hearing portion.. Minutes April 19, 2016 Page 6 of 11
Upon motion by Commissioner Ricardo Longoria, Jr., seconded by Commissioner Deborah Portillo and carried unanimously, the public hearing was closed. Commissioner Jessica Tetreau moved that Ordinance Number 235-2016-018, to rezone from Dwelling A (DA) to Light Retail G (2CG) for Blocks 36 and 42 of Share 19 of El Jardin Subdivision located at 1784 Old Port Isabel Road. (District 2), be denied. The motion was seconded by Commissioner Cesar de Leon and carried 15. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2016-019, to rezone from Dwelling Z (DZ) to General Retail G (4CG) for Lot 4, Block 6 of Cameron Park located at 4614 Paredes Line Road. (District 3) ordinances, noting that the current zoning was Dwelling Z (DZ), and the applicant was requesting rezone to General Retail G (4CG) for the proposed use of a Tire Shop on a property located on Paredes Line Road, and further noting that the Planning and Zoning Commission recommend approval of the proposed ordinance. Various citizens spoke in regards to these ordinances during the public hearing portion.upon motion by Commissioner Rose Gowen seconded by Commissioner John Villarreal, and carried unanimously, the public hearing was closed. Commissioner Ricardo Longoria, Jr., moved that Ordinance Number 235-2016-019, be adopted at first reading, to rezone from Dwelling Z (DZ) to General Retail G (4CG) for Lot 4, Block 6 of Cameron Park located at 4614 Paredes Line Road. (District 3) The motion was seconded by Commissioner John Villarreal and carried 16. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2016-022- S, to allow a Cell Tower in a Medium Industrial J (8CJ) for 0.037 acres of Block 34 & 35 of Los Ebanos Properties Subdivision located at 1850 Veteran s Boulevard. (District 3) ordinance, noting that the current zoning of the property was Medium Industrial (8CJ), for a Specific use to allow a Cell Tower on the property located on Veterans Boulevard. Upon motion by Commissioner Ricardo Longoria, Jr., seconded by Commissioner Rose Gowen and carried unanimously, the public hearing closed. Commissioner Ricardo Longoria, Jr., moved that Ordinance Number 235-2016-022-S, be adopted at first reading, to allow a Cell Tower in a Medium Industrial J (8CJ) for 0.037 acres of Block 34 & 35 of Los Ebanos Properties Subdivision located at 1850 Veteran s Boulevard. (District 3) The motion was seconded by Commissioner John Villarreal and carried Minutes April 19, 2016 Page 7 of 11
Commissioner Deborah Portillo left the meeting at 8:58 p.m. Commissioners Jessica Tetreau and Cesar de Leon were not present for this item. 17. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2016-025, to rezone from Professional Office F (1CF) to Medium Retail F (3CF) for.284 acres for Lot 1, Block 3 of Henrietta Addition located at 1234 McDavitt Boulevard. (District 1) ordinance, noting that the current zoning of the property was Professional Office F (1CF), and the applicant was requesting to rezone to Medium Retail F (3CF) for the proposed use of a Food service- Food to go, on a property located at 1234 McDavit Boulevard, and further noting that the Planning and Zoning Commission denied the proposed ordinance. Various citizens spoke in regards to these ordinances during the public hearing portion.upon motion by Commissioner Ricardo Longoria, Jr., seconded by Commissioner Rose Gowen, and carried unanimously, the public hearing was closed. Commissioner Ricardo Longoria, Jr., moved that Ordinance Number 235-2016-025, be adopted at first reading, to rezone from Professional Office F (1CF) to Medium Retail F (3CF) for.284 acres for Lot 1, Block 3 of Henrietta Addition located at 1234 McDavitt Boulevard. (District 1) The motion was seconded by Commissioner John Villarreal and carried * * * * * * * * * * * * * * * 18. PUBLIC COMMENT PERIOD: PLEASE NOTE: Mr. Mauro Avilez, thanked the Commission for paving 30 th Street, and presented his concern regarding brush pick-up, and a traffic citation that had been issued to him. ACTION ITEMS: 19. Consideration and ACTION on Resolution Number 2016-023, the filing of applications with the Department of Transportation, an operating Administration of the United States, for federal transportation assistance authorized by the House of Representatives 2029-Consolidated Appropriations Act, 2016 (PUGB. L 114-113, December 18, 2015) ( FY2016 Appropriations Act or the Act ), United States code, and other federal statutes administered by the Department of Transportation. Commissioner Rose Gowen moved that Resolution Number 2016-023, the filing of applications with the Department of Transportation, an operating Administration of the United States, for federal transportation assistance authorized by the House of Representatives 2029-Consolidated Appropriations Act, 2016 (PUGB. L 114-113, December 18, 2015) ( FY2016 Appropriations Act or the Act ), United States code, and other federal statutes administered by the Department of Transportation, be approved. The motion was seconded by Commissioner John Villarreal and carried Minutes April 19, 2016 Page 8 of 11
Commissioner Jessica Tetreau was not present. 20. Consideration and ACTION on Ordinance Number 2016-1615, authorizing the issuance of "City of Brownsville, Texas Utilities System Revenue Refunding Bonds, Series 2016"; providing for the payment of the principal of and interest on the Bonds by a lien on and Pledge of the Net Revenues of the system; providing the terms and conditions of such Bonds and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of such Bonds, including the approval and distribution of an official statement; authorizing the execution of a paying agent/registrar agreement, a purchase contract, and an Escrow Agreement and/or Deposit Letter; complying with the requirements of the Depository Trust Company; delegating the authority to the City Manager and certain members of the City or Brownsville Public Utilities Board (BPUB) staff to execute certain documents relating to the sale of the Bonds; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing for an effective date. Mr. Jorge A. Garza, Senior Managing Director of Estrada Hinojosa, delivered a PowerPoint presentation regarding the plan of finance for the Brownsville Public Utilities Board 2016 Refunding Bonds. Commissioner Ricardo Longoria, Jr., moved that Ordinance Number 2016-1615, that the issuance of "City of Brownsville, Texas Utilities System Revenue Refunding Bonds, Series 2016"; providing for the payment of the principal of and interest on the Bonds by a lien on and Pledge of the Net Revenues of the system; providing the terms and conditions of such Bonds and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of such Bonds, including the approval and distribution of an official statement; authorizing the execution of a paying agent/registrar agreement, a purchase contract, and an Escrow Agreement and/or Deposit Letter; complying with the requirements of the Depository Trust Company; delegating the authority to the City Manager and certain members of the City or Brownsville Public Utilities Board (BPUB) staff to execute certain documents relating to the sale of the Bonds; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing for an effective date, be authorized. The motion was seconded by Commissioner Cesar de Leon and carried 21. Consideration and ACTION to approve Resolution Number 2016-024, expressing official intent to reimburse with tax-exempt obligation proceeds costs associated with certain capital improvements to the Brownsville/South Padre Island International Airport. Commissioner John Villarreal moved that Resolution Number 2016-024, expressing official intent to reimburse with tax-exempt obligation proceeds costs associated with certain capital improvements to the Brownsville/South Padre Island International Airport, be approved. The motion was seconded by Commissioner Jessica Tetreau and carried Minutes April 19, 2016 Page 9 of 11
22. Consideration and ACTION to adopt budget amendment Resolution Number 2016-025 to amend the General Fund, Streetscape Fund and Motor Vehicle Parking System Fund expenditures budget, and to amend the budget for additional expenditures and revenues in Capital Projects Fund. Mr. Lupe Granado III, Finance Director, gave a brief explanation of the Resolution noting the changes on the General Fund, regarding the Public Works Oil Spills Clean Up/Remediation from $152,000.00 to $222,500.00. Commissioner Cesar de Leon moved that the budget amendment Resolution Number 2016-025 to amend the General Fund, Streetscape Fund and Motor Vehicle Parking System Fund expenditures budget, and to amend the budget for additional expenditures and revenues in Capital Projects Fund, be adopted, with changes as presented. The motion was seconded by Commissioner Jessica Tetreau and carried 23. Consideration and ACTION to accept $5,000 value donation from the Healthy Communities of Brownsville for an education station at the City Cemetery Resaca on 5th Street and Old Alice Road. Commissioner Rose Gowen moved that a $5,000.00 value donation from the Healthy Communities of Brownsville for an education station at the City Cemetery Resaca on 5th Street and Old Alice Road, be accepted. The motion was seconded by Commissioner John Villarreal and carried * * * * * * * * * * * * * * * * PURCHASES/BIDS/CONTRACTS: 24. Consideration and ACTION to approve Lease Agreement between City of Brownsville and Verizon Wireless. Ms. Constanza Miner, Planning Director of Operations, gave a brief explanation of the agreement, noting that the agreement should become effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date, at which time rental payments shall commence and be due at a total annual rental of $12,000.00 to be paid in equal monthly installments on the first day of the month. Commissioner Jessica Tetreau moved that a Lease Agreement between City of Brownsville and Verizon Wireless, be approved. The motion was seconded by Commissioner John Villarreal and carried 25. Consideration and ACTION to approve sale of Cueto Complex located at 1301 E. Madison to the University of Texas Rio Grande Valley (UTRGV). Minutes April 19, 2016 Page 10 of 11